manner in which, or the persons by whom, such interception or detention may be effected. In terms of the Act the
President is allowed to give a direction that any article shall be delivered to an employee of the State to be disposed
of in such a manner as the President may direct. The Act allows the President to give a direction that
communications shall be intercepted or monitored. The President may give any of the directions referred to above if,
in his opinion, it is necessary in the interests of national security or the maintenance of law and order.
Section 103 of the Act similarly allows the President to give such directions to any licensee as appears to him to be
requisite or expedient in the interests of national security or relations with the Government of a country or territory
outside Zimbabwe. Section 20(1) of the Constitution expressly provides that no person shall be hindered in the
enjoyment of his freedom of expression which includes freedom from interference with correspondence.
Subsection 20(2) of the Constitution provides for the derogation of the freedom of expression if it is necessary to do
so in the interests of defence, public safety, public order etc, but such derogation has to be reasonably justifiable in a
democratic society.
The applicant contends, firstly, that the impugned sections do not fall within any of the exceptions permissible under
s 20(2) of the Constitution.
Secondly, and in the alternative, the applicant contends that even if the impugned sections fall within the exceptions
set out in s 20(2) they are too vague to satisfy the requirement as provided by law and are not reasonably justifiable
in a democratic society.